This man opened a can of beer on the beach and could now be deported: “he’s one of the good ones”

A minor legal infraction could lead to deportation under US immigration enforcement rules. That’s exactly what’s happened to a man arrested at New Smyrna Beach, in Volusia County, Florida, for possessing an alcoholic beverage.

According to an affidavit obtained by Fox 35 Orlando, on June 13 a Volusia County officer arrested 47-year-old Azael Martinez Sanchez for carrying an open 12-ounce can of Modelo Especial – a violation of local beach regulations, which prohibit alcohol on the sand.

The report also states that the arresting officer emailed a copy of the incident report to Homeland Security Investigations (HSI), part of Immigration and Customs Enforcement (ICE), “after reasonably believing the defendant was unlawfully present in the country.”

Martinez Sanchez is in the US legally, says employer

Although the offense – alcohol possession on a beach – is a misdemeanor and typically does not result in jail time, the authorities questioned Martinez Sanchez’s immigration status and contacted ICE.

According to News 6, a judge ruled on Thursday that Martinez Sanchez would be released unless ICE intervened within 48 hours.

Gordon Baggett, a Volusia County farmer and Martinez Sanchez’s employer, told the outlet that Azael is a Cuban asylum seeker with legal work authorization in the United States. “He’s not a dangerous criminal at all – he’s one of the good ones,” Baggett said.

Volusia is one of several Florida counties participating in the 287(g) program, which allows local jurisdictions to collaborate with federal immigration agencies.

Under Section 287(g) of the Immigration and Nationality Act (INA), ICE is authorized to deputize state and local law enforcement officers to carry out specific immigration enforcement duties under its guidance and supervision.

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